Each year, South Carolina sees more than 10,000 drunk driving arrests. Impaired motorists are a serious threat, and unfortunately, some of them end up crashing into other drivers or even pedestrians, sending innocent people to the emergency room. At Hart Law, our team is fully committed to protecting public safety while also advocating for the rights of injured victims. Call us to talk about how to bring a legal claim. Below, we review the role of blood alcohol content (BAC) in DUI cases and how the defendant’s high BAC can be to your benefit.
What is BAC?
The primary method for measuring BAC in South Carolina is a breathalyzer. When the police make an arrest, they will ask the driver to participate in the breath test. A motorist who complies will need to blow into a machine that measures the amount of alcohol in their breath. Technically, the alcohol comes from the lungs, not the blood. But the device is a reliable way of measuring a motorist’s level of intoxication.
BAC plays a starring role in most criminal cases. A defendant can face DUI if their BAC is 0.08% or higher, or if they were sufficiently impaired while driving. The higher a driver’s BAC, the greater their level of impairment.
As the Department of Public Safety has noted, a BAC between 0.01 and 0.06 is associated with lowered awareness and relaxation. However, a BAC between 0.11 and 0.20 is associated with more boisterous behavior, as well as emotional swings. These impairments can directly affect a driver’s coordination, as well as the choices they make behind the wheel.
When a defendant’s BAC is high, they are guilty of “per se” DUI. There is no need to show the driver was, in fact, driving dangerously or could not control the vehicle. It is enough that the motorist had a BAC over the limit.
However, some motorists might refuse to take the breath test and instead give a urine or blood sample, which the state will also test. We can use the toxicology results from those tests, too.
Using BAC to Prove Liability in a Civil Case
Anyone injured in a drunk driving collision must prove the defendant is liable for the accident. The most common way is arguing that the driver failed to exercise due care, which is required of all motorists.
Drunk drivers have not exhibited care. We can use the chemical test results to establish a driver’s BAC. This is strong evidence. The science behind breathalyzers is well-established, and few people would argue that the results are inaccurate. Should your case end up before a jury, then breathalyzer results are powerful.
Once we establish liability, we can seek compensatory damages for losses, including:
- Car damage. You’ll need to get your car fixed, so the defendant should pay for that expense.
- Medical bills. Accidents end up causing serious bodily injuries, including fractures and concussions. You will need to treat all injuries and possibly undergo rehab to improve your condition as much as possible.
- Lost wages. Bodily injuries often keep people out of work because they are in too much pain. The defendant should cover lost income or wages.
- Pain and suffering. Accident victims can also request non-economic damages. Pain and suffering damages are common and seek to make up for the pain you suffer due to bodily injuries.
What happens if the driver refuses a test? In that case, your accident lawyer can still make out a claim for liability. For example, we might rely on other evidence, such as eyewitness testimony or the officer’s dash cam video.
Proving Willful and Wanton Conduct
South Carolina law also allows accident victims to request punitive damages where there is clear and convincing evidence that the defendant acted in a reckless, willful, or wanton manner. This is a higher bar than negligence.
A high BAC is a definite plus when trying to make a punitive damages claim. Jurors tend to believe the numbers and will consider the issue open and shut. A defendant has an uphill climb arguing they were over the limit but still in control.
Maximizing Punitive Damages
A high BAC can also increase the amount of punitive damages a victim receives. South Carolina law lays out various factors a jury will consider in a trial. One of the most important is the defendant’s degree of culpability, which means their blameworthiness.
A driver who is barely over the legal limit appears less culpable than a driver whose BAC is 0.15 or even 0.20 or higher. Someone with an exceedingly high BAC has drunk to excess and did not make a simple mistake. Instead, they showed little respect for public safety.
We can use a high BAC to make a claim for maximum punitive damages. The same is true if the defendant ends up receiving harsh penalties in a criminal case. For example, the judge might sentence a drunk driver to the maximum time behind bars. We can highlight this fact for the jury’s consideration. In this way, we can increase what our clients take home and really hold the defendant accountable in a civil case.
South Carolina caps punitive damages for injury victims. You can receive the larger of $500,000 or three times your compensatory damages. That means someone whose compensatory damages were $200,000 can receive a maximum of $600,000. But someone whose compensatory damages were $100,000 will receive, at most, $500,000.
Get the Legal Help You Deserve
Drunk drivers injure too many of our friends and neighbors each year. Although the criminal justice system cracks down on drunk drivers, there is also a role for injured victims to play. By bringing a civil claim with Chris Hart, you can ensure that dangerous motorists pay compensation and internalize the financial costs they impose on others.
Contact our office to schedule a free consultation. We have helped many clients obtain generous settlements, but we are also not afraid to file a lawsuit to seek justice on behalf of injured people.